Dwyer v Vindin [1906] HCA 49

Dwyer v Vindin [1906] HCA 49

Special leave to appeal was refused because the matter concerned a question of fact regarding costs and no important legal question or general principle was involved; it is not the practice of the High Court to grant special leave to appeal on questions of fact.

Parties
Appellant: Dwyer; Respondent: Vindin
Jurisdiction
Australia
Judgment Date
20 August 1906
Procedural Posture
Probate Suit / Motion for Special Leave to Appeal
Outcome
special leave to appeal refused
Legal Topics
Testamentary Capacity, Undue Influence, Costs in Probate Proceedings, Special Leave to Appeal
Probate Practice and Procedure Testamentary Capacity Undue Influence Costs in Probate Proceedings Special Leave to Appeal

Case Brief

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Parties

Dwyer

Appellant

Vindin

Respondent

Procedural Posture

Probate Suit / Motion for Special Leave to Appeal

Legal Issues

  1. 1 whether special leave to appeal should be granted in a probate suit involving issues of testamentary capacity and undue influence
  2. 2 whether the judge erred in ordering the unsuccessful caveator to pay costs

Ratio Decidendi

Special leave to appeal was refused because the matter concerned a question of fact regarding costs and no important legal question or general principle was involved; it is not the practice of the High Court to grant special leave to appeal on questions of fact.

Court Disposition

special leave to appeal refused

Orders

  • special leave to appeal from the decision of Walker J. refused